Brogden takes aim at pedophiles

By Nick O'MalleyMarch 15 2003

The Coalition would allow courts to consider so-called "tendency evidence" in child sexual assault cases, under a package of proposals aimed at making it easier to secure convictions against pedophiles.

Announcing the proposals beneath the perimeter fences of Silverwater jail yesterday, the Opposition Leader, John Brogden, said the current system was stacked against victims and sentences were too weak.

Mr Brogden said 90 per cent of cases of child sexual assault were unreported and only 20 per cent of cases brought to trial resulted in a conviction.

Under a Coalition government, child witnesses would be able to tender evidence to judges and juries about non-specific events. They could explain, for example, where a series of assaults took place, without being expected to list precise dates and times of the events.

"Presently where there are allegations of hundreds of assaults, the offender is normally only charged with one or two," Mr Brogden said.

"The Coalition will ensure evidence of relevant 'uncharged acts' will be permissible in court."

Mr Brogden said under the changes, children would be able to address the court in the way they normally speak.

Other proposed changes to the rules of evidence include allowing children to give evidence and be cross examined on video close to the time of charges being laid, rather than when the case comes to trial.

"Children should not be expected to remember all of those details for that long," Mr Brogden said.

A new "safety zone" system would be implemented, preventing sex offenders from living or working within 25 kilometres of where their victims live or go to school, as would anti-harassment orders.

A code of conduct for dealing with child witnesses would also be drawn up. It would outline "child-friendly" questions and the use of concepts and language appropriate for the age of a child.

The Opposition would also allocate up to $2 million for treatment programs, targeting adolescents who have committed child sex offences.

The senior vice president of the NSW Bar Association, Ian Harris, SC, said he feared the changes to present regulations on the admissibility of tendency evidence would shift the balance of the presumption of innocence.

He said sections of the Evidence Act already provided for tendency evidence to be tendered in court if the judge considered it of value, and with protection provided to the accused.

"It is a real shame that carefully drawn rules of procedure and evidence have to be used as the tools for manipulation for political gain," he said.

A spokesman for the Attorney General, Bob Debus, also referred to those sections of the act that allowed for tendency evidence to be admitted, saying the Opposition's proposed changes were unnecessary.

Both parties have campaigned strongly on law and order issues. Labor has announced a proposed specialist court to deal with child sexual assault to further protect child witnesses.

The Coalition announcement came a day after the Premier, Bob Carr, unveiled the Government's plan to protect young people from child sex offenders, which included new Child Sex Offender Orders restricting the movement of convicted pedophiles.